Chancery Amendment Act 1858
| Jurisdiction | UK Non-devolved |
| Citation | 1858 c. 27 |
(21 & 22 Vict.) C A P. XXVII.
[28th June 1858]
'WHEREAS it is expedient to amend further the Practice and Course of Proceeding in the High Court of Chancery, the Court of Chancery inIreland , and the Court of Chancery of the County Palatine of Lancaster: ' Be it enacted by the Queen's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, as follows:
I Commencement of Act. Short Title.
I. This Act shall commence and take effect from and after the First Day ofNovember One thousand eight hundred and fifty-eight, and may be cited and referred to as ‘The Chancery Amendment Act, 1858.’
II Power to Court of Chancery to award Damages in certain Cases.
II. In all Cases in which the Court of Chancery has Jurisdiction to entertain an Application for an Injunction against a Breach of any Covenant, Contract, or Agreement, or against the Commission or Continuance of any wrongful Act, or for the specific Performance of any Covenant, Contract, or Agreement, it shall be lawful for the same Court, if it shall think fit, to award Damages to the Party injured, either in addition to or in substitution for such Injunction or specific Performance, and such Damages may be assessed in such Manner as the Court shall direct.
III Damages may be assessed or Question of Fact arising in any Suit may be tried by a Jury before the Court itself.
III. It shall be lawful for the Court of Chancery, if it shall think fit, to cause the Amount of such Damages in any Case to be assessed or any Question of Fact arising in any Suit or Proceeding to be tried by a Special or Common Jury before the Court itself; and the Court of Chancery may make all such Rules and Orders upon the Sheriff or any other Person for procuring the Attendance of a Special or Common Jury, for such Assessment of Damages or the Trial of such Question of Fact, as may be made by any of the Superior Courts of Common Law atWestminster , and may also make any other Orders which to the Court of Chancery may seem requisite; and every such Jury shall consist of Persons possessing the Qualifications, and shall be struck, summoned, balloted for, and called in like Manner, as if such Jury were a Jury for the Trial of any Cause in any of the said Superior Courts; and every Juryman so summoned shall be entitled to the same Rights and subject to the same Duties and Liabilities as if he had been duly summoned for the Trial of any such Cause in any of the said Superior Courts; and every Party to any such Proceeding shall be entitled to the same Rights as to Challenge and otherwise as if he were a Party to any such Cause; and generally for all Purposes of or auxiliary to the Assessment of Damages or the Trial of Questions of Fact by a Jury before the Court itself, and in respect of new Trials, the Court of Chancery shall have the same Jurisdiction, Powers, and Authority in all respects as belong to any Superior Court of Common Law, or to any Judge thereof for the like Purposes; provided that from any Order made by the Court on an Application made for a new Trial there shall be...
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